HA MALBARI (DEAD) BY LRS. versus NASIRUDDIN PIRMOHMAD AND ORS.

HA MALBARI (DEAD) BY LRS. versus NASIRUDDIN PIRMOHMAD AND ORS.

Proceedings under Section 41 of the Presidency Small Cause Courts Act, 1882, seeking recovery of property on termination of license, are for enforcement of property rights and not a purely personal cause of action; hence, they do not abate on the death of the licensee and can be pursued against his legal...

Source-derived case information.

Parties
Petitioner: HA MALBARI (DEAD) BY LRS.; Respondent: NASIRUDDIN PIRMOHMAD AND ORS.
Jurisdiction
India
Judgment Date
30 September 1997
Procedural Posture
Special Leave Petition (civil) / Order on SLP
Outcome
Petition dismissed
Legal Topics
Effect of Death of Licensee During Proceedings Under Section 41 of Presidency Small Cause Courts Act, Abatement of Proceedings, Nature of Cause of Action Under Section 41 of the Act
Property Law Succession Law Effect of Death of Licensee During Proceedings Under Section 41 of Presidency Small Cause Courts Act Abatement of Proceedings Nature of Cause of Action Under Section 41 of the Act

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Parties

HA MALBARI (DEAD) BY LRS.

Petitioner

NASIRUDDIN PIRMOHMAD AND ORS.

Respondent

Procedural Posture

Special Leave Petition (civil) / Order on SLP

Legal Issues

  1. 1 Whether proceedings under Section 41 of the Presidency Small Cause Courts Act, 1882 abate upon the death of the alleged licensee during their pendency
  2. 2 Nature of the cause of action in such proceedings—whether personal
  3. 3 Applicability of Section 306 of Indian Succession Act, 1925

Ratio Decidendi

Proceedings under Section 41 of the Presidency Small Cause Courts Act, 1882, seeking recovery of property on termination of license, are for enforcement of property rights and not a purely personal cause of action; hence, they do not abate on the death of the licensee and can be pursued against his legal representatives.

Court Disposition

Petition dismissed

Orders

  • Notice directed to be issued to the respondents to explore possibility of settlement
  • Notice returnable after six weeks